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(영문) 수원지방법원 안산지원 2018.06.07 2017가합7962
퇴직금 지급 청구의 소
Text

1. The defendant is the same as KRW 38,282,190, respectively, to the plaintiff (appointed party) and the selectors C, D, E, and F listed in the separate sheet.

Reasons

1. Basic facts

A. The defendant is a corporation established on December 23, 1985 for the purpose of export and import business, manufacture and sale of laundry machinery, etc.

H, after joining the Defendant on January 1, 1986, retired from office on September 29, 2016 while serving as the Defendant’s registration director.

B. As the co-inheritors of H, there are plaintiffs (appointed parties) and the designated parties C, D, E, F (each inheritance share 2/13), and G (the inheritance share 3/13) who are the spouse.

(hereinafter referred to as "Plaintiff, etc.") for convenience; (c)

The Defendant paid to the Plaintiff, etc. KRW 234,765,765 (including KRW 8,455,530 and KRW 4,922,400) as retirement pay of H.

On the other hand, the defendant's "Rules on Payment of Retirement Allowances for Officers" are as follows.

Article 1 (Purpose) The purpose of this Article is to provide for matters concerning the payment of retirement allowances to executives of the Republic of Korea under Article 31 of the Articles of Incorporation.

Article 2 (Definition of Officers) (1) An officer subject to this provision means a person who actually participates in the management of the company, regardless of its name.

(2) An officer under a contract with no retirement allowance shall not be subject to this provision.

Article 4 (Calculation of Retirement Allowances) (1) The amount of a retirement allowance shall be the amount calculated at the time of retirement (basic amount for calculation of retirement allowances ¡¿ base rate for payment ¡¿ continuous service period).

(2) The amount of a standard for calculation of a retirement allowance shall be 30 days’ average wages for three months before the date of retirement, and the Labor Standards Act shall apply to the concept of average wages.

(3) The payment standards rates shall be as follows:

(4) The application of the base rate for payment to the total period of service shall apply to the standard rate for the last period of service to the total period of service.

Provided, That a retirement allowance may be paid separately from the provisions on the payment of retirement allowances according to the business and managerial circumstances of the company.

Article 5 (Calculation of Period of Service) (2) The period of service shall begin from the first date of service.

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